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Wright v. Comm.

Wright v. Comm. 84 T.C. 636. History. Wright takes over father’s farm Has no farming or Acct. knowledge Wright knowingly understates income Pleads guilty to perjury. Facts. IRS wants summary judgment His conviction/guilty plea constitutes fraud Petitioner wants a trial on the merits

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Wright v. Comm.

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  1. Wright v. Comm. 84 T.C. 636

  2. History • Wright takes over father’s farm • Has no farming or Acct. knowledge • Wright knowingly understates income • Pleads guilty to perjury

  3. Facts • IRS wants summary judgment • His conviction/guilty plea constitutes fraud • Petitioner wants a trial on the merits • States that lack of business knowledge led to the misrepresentation.

  4. Issue • Convicted on section 7206(1) (perjury) • section 6653(b) (fraud) allows for penalty • Requires intent to evade taxes • Does perjury necessarily create fraud? • Considine v. Commissioner, 68 T.C. 52 (1977) • Conviction Under 7206, summary granted

  5. Holding • Motion for Sum. Judgment Denied

  6. Reasoning • Petitioner’s lack of business acumen • “intent to evade taxes is not an element of the crime covered by section 7206(1)”

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